Commissioner's Minutes

January 8, 2002 Agenda
January 8, 2002 Minutes

Action Agenda
REGULAR MEETING OF THE
EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, JANUARY 8, 2002
7:00 PM – EMERALD ISLE TOWN HALL

Call to Order
Roll Call
Adoption of Agenda
Consent Agenda

Approval of Minutes of Regular Meeting – December 11, 2001
(Approved 4-0)
Tax Refunds / Releases
(Approved 4-0)
Budget Amendment – Governing Board - $15,000
(Approved 4-0)

Preliminary Development Plan for Sunset Harbor Condominium Project – Buildings 5, 6, and 7
(Approved 4-0)
Ordinance Amending Chapter 13 (Planning and Development) of the Emerald Isle Code of Ordinances Regarding the Planning Board
(Approved 4-0)
Coast Guard Road Storm Water Project

Clean Water Management Trust Fund Grant Agreement
(Approved 4-0)
Offer to Purchase Real Property for the Coast Guard Road Storm Water Project
(Approved 4-0)

Proposed Emerald Isle Beach Nourishment Project

Project Budget
FEMA Eligibility
Frequently Asked Questions / Fact Sheet
(No action required)

Bogue Inlet / Pointe Erosion

Use of Bogue Inlet Shoals as a Sand Source for the Proposed Beach Nourishment Project and Realignment of Bogue Inlet Navigation Channel
(Approved 4-0)
Resolution of Intent to Amend the Boundaries of the Primary Benefit Municipal Service District
(Approved 4-0)

Resolution Authorizing the Town Manager to Seek NCDOT Sidewalk Funding
(Approved 4-0)
Public Hearing – To Receive Public Comments and Suggestions on the FY 2002-2003 Budget Prior to Development of the Town Manager’s Recommended Budget
Public Comments
Comments from Town Clerk, Town Attorney, Town Manager
Comments from Town Board, Mayor
Adjourn

MINUTES OF THE REGULAR SCHEDULED MEETING
OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, JANUARY 8, 2002 – 7:00 p.m. – TOWN HALL The meeting was called to order by Mayor Art Schools. Present were Mayor Schools, Commissioners Richard Eckhardt, Emily Farmer, Dorothy “Doje” Marks, Floyd Messer, Town Attorney Derek Taylor, Town Clerk Carolyn Custy, Town Manager Frank Rush, Assistant Town Manager/Finance Officer Georgia Overman, Inspections Department Head Carol Angus, Police Chief Mark Wilson. Not present was Commissioner Pat McElraft. Commissioner Farmer made a motion to excuse Commissioner McElraft due to illness in her family, seconded by Commissioner Marks and the Board voted unanimously with a vote of 4-0. Motion carried.

ADOPTION OF AGENDA

Commissioner Farmer made a motion to adopt the agenda as written, seconded by Commissioner Farmer and the Board voted unanimously with a vote of 4-0. Motion carried.

CONSENT AGENDA

Commissioner Messer made a motion to adopt the Consent Agenda that included Approval of Minutes of Regular Meeting of December 11, 2001, Tax Refunds and Releases and a Budget Amendment to the Governing Body Department of $15,000.00, seconded by Commissioner Eckhardt. The board voted unanimously with a vote of 4-0. Motion carried.

PRELIMINARY DEVELOPMENT PLAN FOR SUNSET HARBOR CONDOMINIUM PROJECT – BUILDINGS 5,6, AND 7

The Planning Board had recommended approval of Sunset Harbor 5,6, and 7 because the proposed development plan meets the requirements of the Town’s existing subdivision and zoning ordinances, and because they did not feel it was appropriate to deny or delay the applicants on the basis of the proposed APZs in the draft AICUZ study. The Town Board asked that the Planning Board take another look at this project and bring the issue back with a recommendation to the Town Board regarding its approval.

The Planning Board discussed Sunset Harbor 5,6, and 7 at it’s December meeting and has brought it back to the Town Board for approval because they felt strongly that the applicants should be allowed to proceed with development plans for this project at this time, but that the Town should consider the potential accident and/or noise risks in future land use decisions. The Town Board may consider approval of Sunset Harbor plans and take the necessary steps to enact a moratorium on any future milti-family development in this area until the results of the AICUZ and JLUS studies are known. This approach appears to be consistent with the Planning Board’s stated position on this matter. One thing that came out of the Planning Board review was the request that a disclosure statement be provided to purchasers of these buildings.

Commissioner Farmer thanked Billy and Ricky Farrington for their patience on this project and their willingness to voluntarily come up with a disclosure statement to notify the initial purchasers of the increased risks and noise in this APZ. She commented the board is walking a fine line on the needs of the Marine Corps and the needs of the developers and residents impacted by the noise and safety concerns.

Mayor Schools commented the motion made by Commissioner McElraft in December is still on the floor.

Commissioner Eckhardt made a motion to revive, for consideration, the motion made by Commissioner McElraft that was deferred in December which was to approved Sunset Harbor Condominium Project Buildings 5,6 and 7 contingent upon the relocation of the existing drainage pipe. The board voted unanimously with a vote of 4-0. Motion carried.

Mayor Schools asked Mrs. Helen Stroughton to stand and he introduced her as the town’s representative on the Mayor’s For Disabilities Committee. Emerald Isle, throughout the years, has done a good job of working throughout the County on the disabilities committee and Mrs. Stroughton was praised for the good job she has done in getting the word out from Emerald Isle.

ORDINANCE AMENDING CHAPTER 13 (Planning and Development) OF THE EMERALD ISLE CODE OF ORDINANCES REGARDING THE PLANNING BOARD

Commissioner Farmer that the purposes of the Ordinance change is to first to clarify the Planning Board’s authority to initiate Ordinance change recommendations on their own. The second is to make sure the public is notified of Review Committee Meetings. The third is to include public input into projects going on at the Planning Board level rather than waiting until the project appears at the Town Board level. The Ordinance leave it up to the Planning Board to determine what amount of public comment they want and whether it be on individual Agenda items or just a general public comment at the beginning or the end of their meeting.

A copy of the Ordinance Amendment is attached at the end of these minutes.

Commissioner Eckhardt made a motion to approve the Ordinance Amending Chapter 13 (Planning and Development) of the Emerald Isle Code of Ordinances regarding the Planning Board, seconded by Commissioner Marks and the board voted unanimously with a vote of 4-0. Motion carried.

COAST GUARD ROAD STORMWATER PROJECT

(a) Clean Water Management Trust Fund Grant Agreement

The Town applied for a $2.4 million grant from the Clean Water Management Trust Fund in May 2001 for storm water management on Coast Guard Road. Mr. Rush commented that this Agreement is just a formality between the Clean Water Management Trust Fund and the Town of Emerald Isle. and the Offer to Purchase which follows are two actions that are associated with this project. The estimated total cost of the project is at least $4.8 million. When donations and some other considerations are counted, the total cost of the project approaches $5.3 million. According to the agreement, the Trust Fund would provide the $2.4 million, in full, at closing to be applied to the land purchase. It establishes a deadline for the town to complete the storm water project by June 30, 2005. It does give the town flexibility to develop the park with future trails, public sound access, etc.

There is some concern at the State level that there will be a budget shortfall this year. The Agreement is presented partially for the board’s consideration in order to try to get this money committed to the town by the Trust Fund before the budget shortfall. This is speculatively but given the problems with the State last year, it is better to proceed now.

(b) Offer to Purchase Real property for the Coast Guard Road Storm Water Project

Mr. Rush said this Offer to Purchase is for the purchase of a 40.7-acre tract of land on Coast Guard Road for the purpose of using it for the storm water project. The net purchase price for the town is $3 million, 280 thousand that is equal to the average of the two appraisals that were received. The offer does include an earnest money deposit of $15 thousand. This will provide the town with access to the site for a geo technical investigation that will help the engineers and town board to obtain a better understanding of the receiving capacity of that site. Preliminary estimates from the engineers have been received on how much water can be pumped to the site. This agreement will allow the town to get on the site and do the work that needs to be done. There is a 90 day window to complete preliminary analysis at which point in time the board would have the option to decline the purchase of the property if it is found the property is not suitable for town needs.

In terms of paying for the property, $2.4 million from the Clean Water Trust Fund Grant money would be used. The town currently has a balance of over $400 thousand in the storm water reserve account that would be available. We have $2.8 million, cash, available for the purchase. The balance left is $480 thousand. That amount could be financed by the town as well as any additional costs associated with the pumps and piping. Currently $250 thousand is being earmarked annually for the storm water project. Based on a 15 year financing commitment, the town could provide all the necessary funds for the debt service.

Mayor Schools asked for comments from the public on this issue.

Mr. Tom Colven who resides at Barracuda Court and referred to comments he and Mr. Jack Siekmann have presented to the board and especially the comments from the U.S. Fish & Wildlife Service on the Moffatt and Nichol plan. (Copy attached at the end of these minutes). He went on to say that their conclusion from these comments is that a permit is not probable because in their words the site is not mitigable. The Moffatt and Nichol plan is based on an unrealistically low flood rate, in fact about 1/3 of what was incurred during Hurricane Floyd. Mr. Colven said he feels that taxpayer money should be spent wisely. It appears the town is about to commit to a large amount of funds to purchase land and the launch of the Moffatt and Nichol project, both of which Mr. Colven and Mr. Siekmann feel are flawed. His guess is the total cost would be over $5 million. The $2.4 million grant money is nice to have but that also comes from taypayers. The town got off on the wrong foot in the beginning by apparently not clearly specifying to Moffatt and Nichol what they were to do, otherwise they would not have produced a plan that they admit won’t handle flooding from hurricanes. He submitted that “we should not be spending big money to handle flooding from hurricanes. They don’t occur often enough”. He also commented we should not be spending big money to handle normal to heavy rains. He suggested handling them on a local basis as was done by raising Coast Guard Road and Spinnakers Reach. He strongly urged the Commissioners to appoint a team representing Commissioners, Moffatt and Nichol and interested public to accurately define what is needed if anything. He also urged the Commissioners to postpone any commitment to purchase of a $3 million site that appears worthless at this point.

Mrs. Paxon Holz who owns property on Coast Guard Road said she too has serious reservations about the feasibility of this plan. She owns one lot in Block 43 right next to this project and she is fearful is this project is permitted, which is doubtful, would raise the ground water level table to the extent she could not use her lot. She is one of many surrounding property owners. She would like to see the town monitor the thousands of gallons of drinking water, which is getting very scarce, that the town is going to spray on the right-of-ways to irrigate greenery. She would like for the town to consider an alternative plan, which has been suggested to the former town board, to correct storm water in a caisson, tank or some retention system, treat it if necessary, spray it on the shoulders of the road. She will come and ask how many thousands of gallons of fresh drinking water has been sprayed on the shoulders 6 months from now.

Mrs. Holz said when Bogue Banks Corporation considered crossing the bridge in order to import fresh drinking water for the citizens of Emerald Isle, Indian Beach and Salter Path, that was a feasible thing. She suggested building a collection system, pumping it over to the mainland and get rid of it in sandy soils over there. She also said she would sell the town 400 acres on the mainland, north of Starhill, for the same cost of the 40 acres on Emerald Isle.

Mr. Jack Siekmann, 218 Sandfiddler Court, answered one of Mrs. Holz’ questions. He said of that 40 acres, 22 is wetlands and it appears especially from the Fish and Wildlife Service that is pristine wetlands, almost unmitigable and could not be reproduced very easily.

Mr. Siekmann thanked the town for an excellent website that provides not only information about what was going to happen at this meeting but also provides a chance for the public to forward thoughts to council before the meeting.

After dealing with flood waters from the hurricanes in the 1990’s, Mr. Siekmann said FEMA gave the town $156 thousand to look at flood control from hurricanes. With having had several in a row, it is hard to imagine that we will not have one every other year for the next 5 to 10 years. During the past events, economic impact from flooding alone was overshadowed by the nuisance and inconvenience of water on the roads and around some of the homes. He related to the plan to spend over $5 million of tax money on a system that has the capacity far too small to stop flooding from hurricanes. He feels using this unproven system, flooding on roads and septic tanks will probably continue for weeks. Moffatt and Nichol have admitted they cannot stop flooding. The question remains is how fast they can get rid of the water. During flooding, there is stagnant water laying and this increases pollution rapidly which now this system is going to have to handle. The original system called for discharge of water into the sound. Specifications for the discharge of water into the sound is extremely tight and that appears to be unfeasible. Trying to get the water to seep into the ground as rapidly to get rid of it and this seems unfeasible also. Disrupting the wetlands on this property would be a shame. The Fish and Wildlife have said if you have water in those wetlands for more than 5 days you will probably kill the vegetation in those wetlands. Mr. Siekmann went on to say the town will probably not be able to get a permit for this from the State and Federal Natural Resource people. We expect to get $2.4 million of our State tax money to help purchase this $3.2 million worth of land. Mr. Seikmann thinks we are committing ourselves in doing this to the installation of the whole $5. million installation. He went on to say the taxpayers are committing themselves for $3 million of the $5 million and this is on top of the cost of beach renourishment and the Point erosion problems. He said in his estimation the $3 million would be better spent on current everyday problems like beach erosion and Point erosion and not worry about problems that may occur in the future. Mr. Siekmann suggested not spending $5 million on a situation with less economic impact than losing property and homes into the ocean.

There being no other comments from the audience, Mayor Schools called for comments from the Board.

Commissioner Farmer said by approving the Clean Water Management Trust Fund Agreement and by approving the Offer to Purchase the 40 acre tract, the town is not committing themselves to anything. One of the reasons she feels the town should move forward on this contract is so the town can do the studies that needs to be done in order to find out just how much water this land can hold. Until the answer to that question is known, not enough information is in hand at this time.

Commissioner Marks commented this is the last large remaining tract of land off Coast Guard Road. Mr. Siekmann is concerned about the damage to the wetlands and using this for storm water problems. She continued that if this is not done, the owners will develop the land and from past experience there will be houses and that would contribute more to storm water problems. Commissioner Marks feels this should be looked at very seriously. Coast Guard Road goes along a line which is a high ridge between the land to the north and the land to the south of Coast Guard Road. Lands End and the major subdivisions are on the south side of Coast Guard Road and that is where the storm water problems are. This section of land falls outside of that and the only way the water will get from the south side of Coast Guard Road to this land is by pumping. She cannot imagine pumping the water off the Island over to Cape Carteret. She said “We have created our own storm water problems and we need to solve our own storm water problems right here”.

Mayor Schools asked Attorney Derek Taylor how strong of a reason, if an offer to purchase this property is made, for the town to back out?

Attorney Taylor said if the board determines the property is not suitable for what you had in mind to use the property for. That is sufficient to back out of the contract. The seller knows what you want to use the property for and it does not want any damage to the property unless you are serious and they are asking you to execute an Offer To Purchase to show you are serious about it if it does meet the requirements of what you are going to use it for. They are not willing to allow you on the property for the testing process you wanted to do without this being in place. They have offered a 90 day window for you to make some determination. They are not willing to wait until all of the permits are done but you can do your hydrology and other testing to make some determination as to whether you think it is suitable. If the board feels for any reason it will not suit the purpose of what the board had in mind, you have an opportunity to back out.

Mr. Siekmann said it stated on the Internet the situation is described nicely. In that situation it says the town will have access to a full $2.4 million at closing but makes a commitment to complete the entire scope of the project at an estimated cost of at least $4.8 million.

Commissioner Farmer confirmed that is absolutely right if the town decides to go ahead with the project.

Mr. Rush, Town Manager, interjected that after the initial geo technical investigation has been done, Moffatt and Nichol will be doing some additional analysis to better refine the estimated receiving capacity of the site. Several meeting with the various permitting agencies will be held during that 90 day window to get a better feel for what their comments are before the final decision is made.

Commissioner Eckhardt thanked the public for their input and thinks any of the questions asked deserve an honest answer. Until those geo tech studies are done a lot of the answers are not available. He asked when would the board want to set up some type of forum to discuss it with not only the people who are on one end of the pumps but the people who are on the other end also as Mrs. Holz mentioned about her lot.

Mr. Rush informed the board he has been working on a joint meeting with the various Homeowners Associations along Coast Guard Road. He is trying to get all the contact information and set up a meeting with them to explain the project to them and to answer any questions they have. It is hoped this will occur within the next month.

Mr. Eckhardt indicated he does not see any reason not to proceed in view of the 90 day window that is available. He said the prior board has done a good job with the studies thus far and the present board needs to proceed at this time to find out if that site does have the capacity that is needed.

Commissioner Eckhardt made a motion to approve the Clean Water Management Trust Fund Grant Agreement, seconded by Commissioner Marks.

Commissioner Messer commented that he is going to vote for this only so that the study can proceed to find out some answers.

The board voted unanimously with a vote of 4-0. Motion carried.

Commissioner Marks made a motion to approve the Offer To Purchase Contract for the Real Property for the storm water project

contingent upon the finding that the site is suitable for storm water, seconded by Commissioner Farmer and the board voted unanimously with a vote of 4-0. Motion carried.

PROPOSED EMERALD ISLE BEACH NOURISHMENT PROJECT

a. Project Budget

b. FEMA Eligibility

c. Frequently Asked Questions/ Fact Sheet

Mr. Rush gave an update on the proposed beach nourishment project. The revised budget includes the addition of costs of associating the incorporating of the Point proposal into the beach nourishment project. At the December board meeting a proposal was introduced that basically outlined the cost of realignment of the navigational channel and using that sand for beach nourishment for the western part of town.

Dr. Tim Kana briefed the board on the revised project Budget with a breakdown of services for a total budget of $17 million. The most important constraint on this project is how far you can pump or haul sand economically to get a viable project. Emerald Isle has 9.2 miles to be nourished. The primary source of sand that is already permitted and identified is situated in the middle of Bogue Banks and overlaps only a portion of Emerald Isle. The west end of Emerald Isle is not real close to that area but is nearer to Bogue Inlet. As discussed at the December it was felt that it would be advantageous to look for another source of sand to do western Emerald Isle. A study was done which identified the source to be in the shoals of Bogue Inlet. This would get western Emerald Isle nourishment accomplishment and also solve the erosion problem at the Point for a reasonable period of time.

A memorandum from Town Manager Frank Rush to Mayor Schools and the Board of Commissioners is attached at the end of these minutes. This memorandum reveals a breakdown of the revised budget by function and amount, FEMA Eligibility, frequently asked questions/fact sheet.

Mr. Kana said Mr. Rush’s memorandum was a very good one and he did not see anything he would change.

Mr. Kana related that Pine Knoll Shores and Indian Beach is holding up better than was expected.

Commissioner Eckhardt asked for the reason for this. Mr. Kana said the material coming out of the hopper is already washed before it gets to the beach. This means the fines are washed out. The uncertainty is how much of the fines are washed offshore before it is placed on the beach. They are evaluating this very carefully and if it is running courser than anticipated, there are ways to modify the project to reduce the amount of course material. There is a need to balance the need to have a stable fill, one that will last 10 years or longer, against the need to have not too course material so it will impede use of the beach.

Commissioner Eckhardt asked in talking about the fines, how does that relate to what is already on the beach?

Mr. Kana said, you have to remember that about 5 per-cent of the deposit is mud which will wash away. You have to pump that material but you don’t get any advantage from it. It is not going to be stable on the beach. You are paying to pump that but not getting it – actually the way the contract is set up, you are not paying for anything that does not stay on the beach. Payment is made only for what is in place. One of the uncertainties of the process is how much of the fines are left offshore during the excavation process. Even the draggers do not have a firm grip on this. It depends on the conditions of the borrowing area, the conditions on the beach. Monitoring is done as the project progresses as to the grain sizes that are on the beach and these are compared to what the design is and adjustments can be made to get it to what is desirable.

Wayne Cunningham, Emerald Drive, asked about the width of the beach between 1^st street and 30^th street? Mr. Kana answered that the dry beach right now is only about 10 to 15 feet wide and some of this is scarping.

Mr. Rush gave is update on FEMA Eligibility which is contained on the attached update memorandum to the Mayor and Board of Commissioners which include a beach that is an engineered beach, constructed based on scientific analysis and to engineered beach profiles; the Town must have a Board –approved beach maintenance plan in place that spells out maintenance functions and projected funding sources; must document annual maintenance activities to demonstrate compliance with beach maintenance plan; must take steps to determine whether the nourishment project is performing as it was engineered and must plan for periodic re-nourishment of areas to maintain the beach profile at engineered levels.

Mr. Rush mentioned several activities the town can undertake that should provide the town with a solid argument for FEMA assistance in the event a declared storm causes heavy erosion of the nourished beach. Those mentioned were (1) completion of annual beach profile surveys to monitor the performance of the project, (2) Use of annual beach profile survey date to update future maintenance strategies and update the beach maintenance plan annually, (3) establishment of a special fund for re-nourishment of hot spot erosion areas, and (4) Re-nourishment of hot spot areas as necessary.

Commissioner Eckhardt asked what kind of dollar figure is being talked about for re-nourishment? Mr. Rush said it would be the additional sale tax that amounts to about $400 to $500 thousand per year for nine years. Commissioner Eckhardt said on top of that we are talking about the room tax money which there is $6 to $7 million in? Mr. Rush explained the room tax funds are earmarked for the County Beach Commission and they are in place primarily to provide the local match on federal beach nourishment projects. The component of the beach maintenance plan because FEMA would not allow you to include a federal beach nourishment project as your maintenance plan, if you go on the worse case assumption that would never occur, then he feels the town would have a reasonable plan to some for those room tax funds that are being accumulated for that long term management.

He said of the $6 to $7 million dollars that would be available at that time, he feels the town could make a reasonable claim for 45% to 50% because that was the distribution that the town originally received with the beach nourishment occupancy taxes. In terms of providing a good case for future FEMA, he would recommend the town doing a beach maintenance plan if it wants to make a strong case in the future.

Commissioner Eckhardt made note we could be up to about $10 million to qualify, in other words telling FEMA we are willing to spend $10 million for re-nourishment to be able to qualify for FEMA. Mr. Rush confirmed this. Mr. Rush said essentially in the beach maintenance plan, the town would identify those as funding sources. As for $10 million, that would be a little on the high side. Mr. Rush thinks the amount of money available at that time would be $6 to $7 million dollar range. In terms of the planning document, Mr. Rush feels the town would have a reasonable case with that amount of funds available.

He asked that the board keep in mind that the additional sales tax revenue that would come would be above and beyond any sales tax revenue that the town currently receives.

Mayor Schools clarified that somewhere between $7 to $10 million would be the amount of money available, not what will be spent.

Commissioner Marks said back in the mid 1980s, there were a couple of nor’easters that did some damage to the western end of Emerald Isle and asked if something like this would be covered? Mr. Rush replied it depends on whether or not it is a FEMA declared storm. If it is not declared a FEMA covered storm, then it would not be covered. Things like Hurricane Floyd was a FEMA declared storm.

Commissioner Farmer indicated she has a lot of trouble with this. The board has been telling people all along about what we were talking about was a one-time re-nourishment project. A beach maintenance plan is not a one-time beach re-nourishment project. It is an on-going re-nourishment. The purpose of this one time re-nourishment project that the referendum is to be on in March is to hopefully get the town through to when a federal funded project kicks in. She has had correspondence with Steve Glenn of FEMA last July and he said FEMA would only pick up the tab to replace sand if it was a locally funded project and was part of an on-going local re-nourishment project. He was quite clear that a one-time re-nourishment would not qualify. She is not clear whether people in Emerald Isle wants to get involved in multiple re-nourishments because the residents have not been asked. The survey that was mailed talked about a one-time deal. Commissioner Farmer said until she knows now the public feels, she is not going to support a beach management plan.

BOGUE INLET/POINT EROSION

Mr. Rush said Coastal Science and Engineering has presented a proposal to re-align the existing navigation channel in Bogue Inlet and utilize the sand dredges for Emerald Isle beach nourishment project to be placed at the Point. The question is whether or not to amend the beach nourishment project to incorporate the Point proposal into that referendum on March 5, 2002. The $17 million dollar budget does include funding to incorporate this into the beach re-nourishment project. On the beach nourishment project, there would be a change in the source of sand. Instead of getting all the sources from the western part of Emerald Isle, you would use the shoals in Bogue Inlet. Mr. Rush said the most significant asset to this project is that it is not currently permitted. The permit that the town had for beach nourishment covers off-shore borrow sources only. It does not include Bogue Inlet and the town would have to go through an environmental impact statement or environmental assessment process and would have to secure federal and state permits for that project.

The other thing presented is an adjustment to the primary $ .48 benefit service district. The board may want to consider amending the district to pick up the Point. There are 13 properties located on the west side of Bogue Court that would be added to the $ .48 district ocean front tax district. A Resolution of Intent to Amend the Boundaries of the Primary Benefit Municipal Service District has been prepared.

Mr. Robert Isenhour, 313 Channel Drive, said his wife, Mary Wolff, asked him to stand in support of adding the Point to the Referendum. He felt he did not need to tell anyone how bad the erosion is at the Point and the fact that there are 5 houses that would probably in the water if it were not for the bandaid sandbags that are there. As soon as the sand bags are in place, the water starts to cut in behind. If the sand bags were not there, forgetting about the houses, the town’s infrastructure at that point would be undermined. CSE Baird has done an excellent study and it is the best Mr. Isenhour has seen. He feels their cost figures to do this project are much less than the cost figures that were submitted by the Corps of Engineers in their cost study four years ago. Mr. Isenhour said most of the people at the Point are certainly going to support this. He said he hopes in the boards deliberations, they will also support it.

Mr. Jim Heatherly, 8512 Woodcliffe Drive, said he is a bit confused. He has heard a long rambling discussion that started out with $17 million. He asked what is being talked about and what it is going to cost and how is it going to affect people out there? He does not want to wait until March to find out. Mr. Rush replied the amount to be put to the voters on March 5^th is for $17 million dollars. That is the total project budget of general obligation bonds. The financing plan on it is a $ .48 tax increase on people who live on the ocean front and $ .03 for people who do not live on the ocean front. If the referendum passes, it will affect Mr. Heatherly with a $ .03 tax increase dedicated for beach nourishment. Depending on the value of the property, it would be $ .03 of that value.

Mr. Heatherly said the board is talking about adding the Point. He asked what that would add to the $17 million? Mayor Schools said is would be the same $17 million. Originally in the $17 million sand was going to be obtained off-shore and now they are going to get it from dredging the channel. They are just getting it from a different place.

Mr. Heatherly asked about an additional $7 to $10 million being talked about that is going to be obtained from taxes. He asked if this is in addition to the $17 million? Mr. Rush answered it would be in addition to the $17 million is the board approves a beach maintenance plan. Some of that would come from the two funding sources he has talked about previously, which would generate around $6 to $7 million but that would not come from property tax. Mr. Rush said Mr. Heatherly, as an individual, would not pay any additional for that portion of the money.

Mr. Heatherly said the government does not sell anything, does not produce anything and does not make anything. All of their money comes from taxpayers so no matter what it is called it is going to be a tax.

Mr. John Kilgore, 105 Bogue Court, said he does not understand that we all live on an Island and we live on the beach and we have the most valuable resource, probably the only resource other than tourism is the beach. Residents pay some of the lowest taxes in the County than most counties in the State of North Carolina. Good services are provided here. There is a lot of valuable property on the beach front and that is where the majority of the tax base comes from, is the ocean front property. If the ocean front property is lost, and everyone is concerned their taxes are going up, where do you think the money is coming from if the beach is not put back and all the ocean front property is destroyed. Once is gone, you cannot build back. You cannot put septic tanks back on that property. All of the septic tanks go into the ocean and then you have an environmental problem. Mr. Kilgore noted there were 22 houses condemned last and there was no storm last year. He related he lost 22 feet the night before from the dunes in front of his house because of the southeast winds. There is 25 feet of water not more than 50 foot from his house. If the beach bond is not passed, the problem at the Point and the problem with the beach cannot be fixed.

Commissioner Eckhardt made a motion to Amend the Scope of the Proposed Nourishment Project to Incorporate the Bogue Inlet Proposal presented by CSE contingent upon the findings of the associated environmental impact study, seconded by Commissioner Farmer.

Commissioner Farmer said her biggest concern is not doing the project. She feels moving the channel at the same time beach re-nourishment makes 100 % good sense. She understands that the sand in the ebb tide delta out in the ocean is beach quality sand, but she is a little more concerned about muck. She would be more comfortable committing to this once it is known, with more core sampling, that we are in good shape, that what is being obtained out of the Inlet is in fact what can be used for the re-nourishment project. She suggested making the commitment contingent upon the EVIS.

Mayor Schools called for a vote.

The board voted unanimously with a vote of 4-0. Motion carried.

Commissioner Messer made a motion to approve the Resolution of Intent to Amend the Boundaries of the primary Benefit Plan Municipal Service District to include the 13 properties at the Point.

Commissioner Farmer said she is uncomfortable, even though she is assuming that the EIS is going to show that the sand is compatible, putting these 13 properties in a tax district when we are not telling them definitely we are doing the project. The first motion just made and approved was contingent upon the results of the EIS. She is uncomfortable taking those properties and putting them in the primary benefit district when the results of the EIS are not available. Her understanding is that it can be done anytime. Mr. Rush confirmed it can be done at anytime, however it will not go into affect until the beginning of the following fiscal year.

Mr. Rush clarified that the nourishment for the western part of Emerald Isle will be in 2003-2004. If the western part of Emerald Isle is included in the Primary Benefit tax district, it will have to be done by June 30^th to include it in next years budget.

Commissioner Farmer asked Mr. Kana if the core sampling could be done while the EIS is being done? Mr. Kana said it has to be done at the beginning. It is a critical issue. The town’s charge to him 6 months ago was to determine whether or not it would be feasible to move the inlet and the key question was what is the quality of the sand. Some borings were taken at that time but they, by no means, were sufficient to go to full permitting. Based on those borings, the conclusion was there were good materials of good quality top to bottom. Mr. Kana said you could not use a small dredge and get the job done. You would have to use a large dredge and dig deeper. He is 90% confident that the question has been answered but it is not known quantitatively enough how it is going to pan out. The first thing that needs to be done is more borings and this needs to be done as soon as possible because the whole project will be driven by the quality of sediments and the dredge ability and environmental impacts.

Commissioner Eckhardt asked about the type of dredge to be used. He asked if would be similar to what is being used at Pine Knoll Shores? Mr. Kana answered “no”. What is being used at Pine Knoll Shores is a tiger dredge. The dredge used for western Emerald Isle would be a more traditional cutting dredge. He said the major constraint is once you sever the magic line going down the middle of the inlet, OSHA has to certify the equipment which means there are only five dredging companies in America that own equipment that is OSHA certified. The little guys working up and down the waterway cannot do the job. The shallowest feasible water depth to operate an ocean going dredge is 15 feet. Specification for an 18-foot channel will probably be asked for when dredging starts.

Commissioner Eckhardt asked Mr. Rush what the value of the 13 properties if they are included? Mr. Rush said they would generate an additional $10,000 in special district tax revenue. He also pointed out if the referendum is successful, all of the properties within the primary ocean front district would be taxed beginning with the next fiscal year. Some people would be taxed as soon as the pumping of sand is started and the other half would be taxed the following year.

If additional core sample results can be obtained prior to June 30, the board may want to consider amending the district and put into effect next fiscal year along with everyone else.

Mayor Schools reminded the audience that the procedures for comment is the board will open it up for public comment after the board has discussed it.

Town Attorney Derek Taylor reminded the board that what they are voting on at this time is the “Intent” to have a public hearing to determine whether or not you might want to do this and he suggested the board give some consideration to do that only for the purposes of between now and that time, he would ask Mr. Rush to contact the Bone Attorney who is associated with this project. There are some Statutory considerations that say the referendum might need to say if you are thinking about putting this district into play for the financing of the pay back on those bonds. Attorney Taylor said he thinks the Bond Attorney needs to pass on this. The Board is not making any commitment now except to set this to be heard at a public hearing next meeting to make a determination as to whether you are going to do it or not. By that meeting, you can have back to you some information from the Bond Attorney as to whether or not you have to declare for the referendum whether you are going to include that district or not.

Commissioner Farmer indicated she was uncomfortable putting the 13 properties in a significantly higher tax district without assuring them the town is going to go ahead with the project because there are no results of the EIS yet.

Attorney Taylor commented it is much easier to take someone out of a district than it is to put one in when Bond issues are debatable.

Based on Attorney Taylor’s above response, Commissioner Eckhardt seconded Commissioner Messer’s motion to approve the Resolution of Intent to Amend the Boundaries of the primary Benefit Plan Municipal Service District to include the 13 properties at the Point.

Commissioner Farmer asked if the Bond Attorney says the board does not need to have this in the language for the referendum, could the public notice for the public hearing? Mr. Rush replied the public hearing could be conducted and delay action on the actual resolution. Yes, the opportunity to delay it will be available.

The board voted unanimously with a vote of 4-0. Motion carried.

RESOLUTION AUTHORIZING THE TOWN MANAGER TO SEEK NCDOT SIDEWALK FUNDING

The proposed resolution would authorize the Town Manager to seek $30,000 for sidewalks that would fund 50% of a sidewalk project proposed for the central business district in Emerald Isle. Word has been received from NCDOT that the town has a very good chance in securing funds for sidewalk construction.

The planned sidewalk project would serve approximately 1200 linear feet at an estimated cost of $50 per linear foot with a total estimated cost of $60,00 for the project. The town contribution toward this project would be $30,000. As of June 30, 2001, the town’s Powell Bill balance was approximately $79,000. The construction of such a sidewalk project could be the first step toward a complete system of sidewalks and/or bicycle paths along NC 58. Other grant funds could be applied as they become available to expand on this project.

A copy of the Resolution is attached at the end of these minutes.

Mark Brennesholtz, 9322 Ocean Drive, thinks this is an excellent idea but for two reasons he would like to see some of that to be boardwalk rather than concrete. One is the impervious surface increase. He thinks we have the opportunity to create a charming area and feels doing it around a boardwalk type of passageway rather than asphalt or concrete would increase the potential for that in the future.

Commissioner Farmer agreed it is a great idea and she supports it. She did widen the scope of the project. She commented the perception of the world is that Emerald Isle is more densely developed than Pine Knoll Shores. The major reason is, when you drive down Highway 58, all the vegetation is gone. All you see is parking lots and stores. She suggested to take the sidewalk project and make it part of an overall Highway 58 street project. It would include putting in greenery and include the Gateway district that was talked about a year ago. She asked that at the workshop a committee be set up to do this and suggested one-half should business people and the other half residents. She also suggested getting the re-vegetation committee involved as well.

Commissioner Marks agreed and stated she would definitely go along with that because she feels Emerald Isle needs sidewalks. The town needs to make safe ways for people to walk.

Commissioner Farmer made a motion to approve the Resolution Authorizing the Town Manager To Seek NCDOT Sidewalk Funding, seconded by Commissioner Marks and the board voted unanimously, with a vote of 4-0. Motion carried.

PUBLIC HEARING TO RECEIVE COMMENTS AND SUGGESTIONS ON THE
FY 2002-2003 BUDGET PRIOR TO THE DEVELOPMENT OF THE TOWN MANAGER’S RECOMMENDATION

The purpose of this public hearing is simply to receive comments or suggestions from citizens regarding budget priorities for the coming fiscal year. This hearing will give citizens a chance to voice their concerns about the tax rate, suggest funding for certain programs or projects, etc.

Mark Brennesholtz, 9322 Ocean Drive, remarked he thinks this is an excellent idea. He suggested that Police cars purchased for the town be smaller models,like Ford Contour, Chevy Malibu, etc. He cannot imagine there are requirements that the cars be Ford Crown Victoria. It seems unlikely that high-speed pursuits are going to be common enough in Emerald Isle, which is a bottleneck community with stoppers at both ends of the island, so it would seem that smaller and economically vehicles would be very viable. Potential savings could be as much as $20,000 per year.

Commissioner Farmer announced that budget workshops are going to be held as the town gets into April/May and people are encouraged to come. The workshops are a wonderful chance to learn a lot of things about Emerald Isle.

Mrs. Nita Hedreen, 501 West Harbor, commented she has been a nurse for 19 years, primarily in trauma in the Emergency Room. She said her heart speaks when she thinks of a Patrolman or Officer in a small vehicle. Most fatalities occur under 45 miles per hour and the highest rate of death occurs from T-bone injuries. The larger the car the safer you are. She asked that very careful thought be given this.

PUBLIC COMMENT

Mr. Gus Farmakadis, 322 Loblobby Street, related to an observation. His first observation is when “Harmony” was in, the public had to stand up in front and talk to the board. After complaints, the podium was moved over to the side to address the board. People who were at the podium at this meeting, he had difficulty hearing. He only heard about one-half of what was said. He asked if he was allowed to speak toward the audience?

Mayor Schools reminded Mr. Farmakadis that he was here to address the Board.

Mr. Farmakadis related to a meeting at Cape Carteret with DOT. There were two people from Emerald Isle and himself. Mr. Farmakadis talked about the way Emerald Isle was talked about and the dignitaries from Cape Carteret, Bogue, Pelletier, etc. made recommendations about Emerald Isle and how we should have 6 lane highways and 4 lanes on the bridge. Suggestions were made on how Emerald Isle could get all the vehicles through the island for the tourism industry. Mr. Farmakadis gave the definition of a critic which was “ is a guy that knows the price of everything and about your money”. Nothing was said, by Mr. Upchurch from Cape Carteret, about the quality of life of the people who live on the island. All he seemed to care about was moving traffic through it. Mr. Farmakadis asked why the blockades on Ocean Drive were in place and why couldn’t these be opened?

Mayor Schools made note that when that meeting was being held, he and all of the Commissioners were in Chapel Hill in school.

Mr. Emory Trainham, Archer’s Creek Drive, said “I never cease to be amazed about the way certain problems can be easily swept under a rug. I do not, as a citizen, wish to be an agitator for a little bit. To indicate to you some of the things that I have observed in the past two years, especially as it related to the JLUS Policy Committee. I have come to the conclusion that what started out being a two-way communication between Emerald Isle and the Military has done little, if anything, to address the real problems of noise and safety for our citizens. No suggestions for changing the kind of flight patterns, altering the altitudes, no checking by radar to make sure pilots are flying to orders, not even, as I understand it, an 800 number for people to complain, which had originally been asked for. Based on the news articles that have just occurred, “Proceed With All Caution” which appeared in the Jacksonville Daily News and echoing what one citizen0 has so hapless said “This JLUS is a win-lose situation where the military will be the winner and the communities will be the losers”. From the beginning I have had serious question about why Emerald Isle was participating in the Land Use Study since we are 80% built out. We are already here folks, and I was told when I asked that question, at one of the conferences, which I support, that we could do a few things like modify the kind of buildings that we built so that there would be some proofing of the sound and notifying the buyers of the noise and safety factors was another thing suggested. Absolutely nothing has been said about ACUIZ except that the safety and noise factors are being studied and to my knowledge has never been done by the military. I strongly believe that we should support our military, I want everybody to understand my position in this particular as a citizen. I also support and expect the military to at least give us some understanding with regards to their demands. It seems appropriate that the current news reports we are reading on the front pages of the Daily News ought to give us cause to think. If the Harriers have been a lot of noise what are the Super Hornets going to be like”.

Anna Neltner, 10501 Island Circle, related a problem that area has had since Christmas and up to and including the night before with cars riding around with spotlights, getting out of cars, going round and round as late as 1:30 A.M. One vehicle has the triple lights on top so when they pull up into the neighbors yard, turned those lights on and were out there looking for deer. The idea of them having a gun or bow and arrow does not exactly excite Mrs. Neltner. It is making them nervous. Police have been called and they do come. She understands there is a law that the can spotlight in Carteret County but no guns are allowed to be fired in Emerald Isle. Mr. Rush said it is not illegal, and Police Chief Mark Wilson has checked, to spotlight in Carteret County. He continued that it is a violation if they continue doing that and they have a weapon, gun in the car. Police Officers will be stationed in that area. The police department is on top of it and are trying to do everything they can to prevent it.

Mayor Schools said we would try one thing and if that did not work out we would try another.

Commissioner Messer asked if the town has anything about disturbing the peace?

Mrs. Anne Erikson, 9304 Ocean Drive noted there is an ordinance regarding disturbing the peace. It applies to dogs barking, loud parties and she has been told by the Police that this is for things that occur only after 11:00 O’Clock. She feels after what Mrs. Neltner has just stated, they are certainly disturbing the peace. Mr. Rush said we are trying to solve the problem.

Mr. Ross Dolan, 10705 Coast Guard Road, spoke on the same subject. He said there are 100 counties in North Carolina, 7 of which have no laws concerning spotlighting. 93 counties prohibit spotlighting either after 11:00 P. M. to 30 minutes after sunrise or 30 minutes after sunset. We are one of 7 who do not have any laws that apply to this. He related it is difficult for the Police regarding disturbing the peace to do anything. Mr. Dolan read a prepared statement regarding the spotlighting, saying essentially the same as Mrs. Neltner. He therefore, respectfully asked the Emerald Isle Board of Commissioners to establish or cause to be established a law or Ordinance prohibiting such intentional sweeping with lights in all residential areas of Emerald Isle or the intentional shinning of lights on deer at night with the exception for law enforcement and other emergency situations. He also asked that this law or Ordinance be constructed such that law enforcement people can effectively enforce it with an appropriate penalty.

Mr. Dolan added that the North Carolina General Statutes do provide for the Board to do something like that. The North Carolina Wildlife Resources Commission can also pass these types of regulations but only after sizeable studies.

Mrs. Elizabeth DeRocco, Cedar Tree Lane, asked Mr. Rush to address the deeded public access to the sound from Cedar Tree Lane that has been covered over. Mr. Rush replied to Mrs. DeRocco that there is a planning meeting on January 25^th in which this will be discussed. He related there are several deeded public accesses, which have never been developed or have never been opened for public use. The Board will discuss these at the January 25^th meeting. The Town’s policy in the past has been to do maintenance on these walkways after the construction and improvements of these public walkways. The responsibility of the building and improvements have been the responsibility of the property owners in that general area and then the Town will take it over for maintenance. At Cedar Tree Lane there is actually a rather steep hill and Mr. Rush is not sure of the safety of an individual if some sort of walkway is not constructed in that location.

Mrs. DeRocco implied the adjacent property owners are the one who have covered over the 25 foot deeded access because they did not want people coming through their two cul-de-sacs. None of the 20 families who reside there can walk to the waters edge.

Commissioner Farmer added she feels very strongly about public accesses being used. She thinks it is great the way it is set out so that every block in town has two accesses.

Richard Renna, Mimi’s Desert Shop, related his business is facing the back of Emerald Plantation Condominiums. He has recently come upon a problem in that one of the storefronts in the shopping center was been vacated and he put a sign in their window in order to survive the winter. He was approached by Inspections during the 2^nd week of December and was told he would have to take the sign down. He does not understand the problem, because the sign was in the window of another vacant store. Someone came in and they took it down. It has helped his business because his store is all the way in the back. He cannot understand why it had to be removed. You cannot see it from the street. You have to actually go out in the alcove to see it. He feels he is not hurting anyone by having the sign where it was.

Bill Reist, 8520 WoodCliffe Drive, commented on the plans to dredge a new channel. He related a few years back, when talk of dredging the channel was going on, there were people from Swansboro, Cape Carteret, Cedar Point and some other towns that were interested in doing this. It seems to him that if they had some interest in doing this and they are going to benefit from it, why couldn’t they be asked to participate in the funding of it?

COMMENTS FROM THE BOARD

Town Clerk – None.

Town Attorney – None.

Town Manager – Mr. Rush has asked Carolyn Custy to get quote for a new sound system. He asked that anytime anyone has questions about town services or a problem in the community, the Board meeting is not the only time for input. He encouraged the public to call him personally at any time and he would try to do anything he could to help out.

He will do some research and see what other towns are doing in terms of spotlighting ordinances. He sympathizes with their problem and it is a serious problem.

Commissioner Floyd Messer wished “Elvis” a Happy Birthday.

Commissioner Doje Marks commented that there is a wonderful turnout at the meeting and she thanked the people for participating.

Commissioner Farmer commented regarding the article in Sunday’s News Times along with an AD by the Navy calling for comments for alternative sites for a new outlying landing field for the FA18 Super Hornets. One of the sites for consideration is a farm located down east. The Carteret Comprehensive Plan Steering Committee has indicated an interest in preserving this farm which is the largest crop farm east of the Mississippi and is considering sending a written comment to the Navy in opposition to use this site. Commissioner Farmer’s concern is expanding the Marine Corps Mission in a way that would increase noise and safety already impacting Emerald Isle. Cherry Point as the site for the Super Hornets, regardless of where the outlying field is located, will most likely result in touch and go landings at Bogue Field or over flights over Emerald Isle with serious noise consequences for the quality of life on Emerald Isle. She suggested the Emerald Isle Board draft a consensus statement at the workshop that is to be held on January 25 to send to the Navy.

Commissioner Eckhardt commented Mr. Rush had mentioned he would be looking into the laws on shinning of spotlights. He asked if this was something that could be scheduled for a work session? He does not think it would be too controversial. The Board would be coming up with an ordinance. Mr. Rush said he feels it would not be part of the Zoning Ordinance so there should be no public hearing. He will try to identify what to put into ordinance form on this issue.

Mayor Schools followed-up on Mr.Trainham’s comments. He and Mr. Eckhardt has been appointed to the JLUS Committee. They still have a lot to learn. Mr. Trainham has been there for the last two years and knows a lot more than he and Mr. Eckhardt do, but they are certainly very interested in that committee and want to do what they can to present Emerald Isle’s problems and to make sure the military will know our position too. Whatever information they can obtain, they will bring back to the town and Planning Board or whatever, they need to do it.

Commissioner Messer made a motion for adjournment, seconded by Commissioner Farmer and the board voted unanimously, with a vote of 4-0. Motion carried.

The meeting was adjourned at 9:17 P.M.

Respectfully submitted,

Carolyn K. Custy, CMC